(a) For purposes of this Act, “marital property” means all property, including debts and other obligations, acquired by either spouse subsequent to the marriage, except the following, which is known as “non-marital property”:

(1) property acquired by gift, legacy or descent or property acquired in exchange for such property;

(2) property acquired in exchange for property acquired before the marriage;

(3) property acquired by a spouse after a judgment of legal separation;

(4) property excluded by valid agreement of the parties, including a premarital agreement or a postnuptial agreement;

(5) any judgment or property obtained by judgment awarded to a spouse from the other spouse except, however, when a spouse is required to sue the other spouse in order to obtain insurance coverage or otherwise recover from a third party and the recovery is directly related to amounts advanced by the marital estate, the judgment shall be considered marital property;

(6) property acquired before the marriage, except as it relates to retirement plans that may have both marital and non-marital characteristics;

(6.5) all property acquired by a spouse by the sole use of non-marital property as collateral for a loan that then is used to acquire property during the marriage; to the extent that the marital estate repays any portion of the loan, it shall be considered a contribution from the marital estate to the non-marital estate subject to reimbursement;

(7) the increase in value of non-marital property, irrespective of whether the increase results from a contribution of marital property, non-marital property, the personal effort of a spouse, or otherwise, subject to the right of reimbursement provided in subsection (c) of this Section; and

(8) income from property acquired by a method listed in paragraphs (1) through (7) of this subsection if the income is not attributable to the personal effort of a spouse.

Property acquired prior to a marriage that would otherwise be non-marital property shall not be deemed to be marital property solely because the property was acquired in contemplation of marriage.

The court shall make specific factual findings as to its classification of assets as marital or non-marital property, values, and other factual findings supporting its property award.

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What Our clients are saying

Excellent - I highly recommend Kimberly Anderson. She is knowledgeable, assertive, and experienced. What impressed me most about Kim is her dedication. I was able to reach her whenever there was a problem. She always responded immediately, proposed a solution, and put me at ease. The entire legal team at Anderson & Boback is superb.

LisaMarch 29, 2018

Amazing – Mrs. Boback was great, the best decision that I have ever made. Her advice and expertise in my court case was unbelievable, she took care of all my needs and was understanding when helping me deal with a tough time. I would highly recommend her to anyone that is looking for a great lawyer.

JakeMarch 29, 2018

Military Friendly – Jessica was very helpful in taking care of my cases and understood the complications related to my military career. Even when I went out of state for my job she always kept me informed and up to date. Her knowledge of the court system was advantageous in settling my cases in a short amount of time.

RodrigoMarch 26, 2018

Excellent Representation by a Top Professional - I hired Kim to handle a post-divorce modification. Thanks to Kim's no-nonsense approach, caring attitude, experience and dedication to her clients. The process was as swift and efficient as possible. Kim and her staff were attentive and responsive, I highly recommend her and her staff.

BCMarch 23, 2018

She’s a Winner – Nichol was the calmest person in the courtroom; she was very natural and at ease. Nichol can think on her feet and communicate effectively while under pressure. Our opposing attorney was a bully and very dramatic, but Nichol never flinched. She is very compassionate, too, and I hope she never loses that.

RitaMarch 23, 2018

Amazing Divorce Lawyer – Listened to my concerns. Advocated on my behalf and ultimately helped me win custody of my son. As a father it is nearly impossible to win custody. Straight forward, honest, and impeccable character. Would never want her to be opposing counsel. She’s intelligent and is very committed to her clients. I can’t say enough good things about Jessica.

DerekMarch 23, 2018

Referred by friend, very glad she did – I had been through 2 previous attorneys in my case that was approaching 3 years. I left both who were dumbfounded and ill-equipped to provide effective legal strategy and forward thinking. Thank God a good friend referred me to Jan who gave me confidence, stuck to our strategy, executed a direct game plan and came out of a difficult situation with multiple victories. Definitely a must hire for you in your most difficult situations.

MattMarch 23, 2018

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